Professor discusses Constitutional myths

Sunday

Apr 21, 2013 at 3:15 AM

By LORRAINE MORONG A “Changing of the Guard” within the Recreation Committee has taken place with Dick Houghton’s resignation from that committee.

Houghton had been the “Go Fer” person on the Rec Committee for several years, not only overseeing the mowing of the playing fields, but doing much of the work, as well as overseeing the general maintenance and serving as liaison with the selectmen.

His resignation was accepted with regret, and Susan Cilia, who was with Houghton at the April 12 meeting, appeared properly challenged as she agreed to assume Houghton’s job.

She was told by the selectmen to try her wings relative to the day-to-day challenges, and that they would be looking to find people to do the mowing.

Cilia and Barry Kaplan were re-appointed to the Rec Committee and former selectman Joan Sundberg was appointed, all for three-year terms.

Cilia reported that the fields are closed for the season to baseball and soccer, in order to allow them to rest. Townspeople who might want to reserve Tibbetts Field should contact the Oyster River Youth Association.COMMON MYTHS

“The Constitution doesn’t prevent violations -- it just gives you a place to go” to seek justice, and “the rights in the Constitution are available to every person,” according to Constitution Law Professor Emeritus at the University of New Hampshire School of Law Richard Hesse. Hesse was speaking to the Madbury Historical Society on April 9.

Hesse discussed the common myths that this country was founded on religious freedom and that the government of this country was religiously based. He reminded his listeners that the Puritans and the Pilgrims came here to reform the Church of England and that they were antagonistic toward other immigrants who brought other religious ideas. They ostracized Roger Williams because he believed in letting everyone profess his/her beliefs as they wanted to. This episode resulted in Rhode Island and Pennsylvania being the only colonies which were really free in the religious sense.

As the colonies were settled, each established its own religious creeds and the inhabitants were expected to follow the religion of that particular colony. Some creeds were not acceptable at all, such as that of the Catholics.

The underlying concept for requiring religious practice was the perceived need to have a moral underpining to the government -- a holdover from European thought.

According to Hesse, about 1740 a period named “The Great Awakening” occurred, when there was disaffection with the prevailing religious thought by many and traveling preachers stirred up discontent, which led to the establishment of new religious sects. Since tax money supported the “government’s” religion but not those who believed otherwise, there was widespread discontent.

Still later there was the “Age of Enlightenment”, when secular humanism came on the scene, with its proponents such as Thomas Jefferson and Benjamin Franklin, taking a personalized, reasoning approach to recognizing the design of the universe.

Then in 1776, when Independence from England was being sought, there was the problem of whether to be loyal to the government or to the church. It was then that the Episcopal Church came into being -- a new form of the Church of England. Despite all that religious fervor, Hesse noted, there appears to have been little discussion of religion at the Constitutional Convention.

The year 1787 was another transitional time, when the colonies became independent -- not only from England but from one another. Each colony had to pull together some form of “state” government, into which they carried their religious leanings. Thirteen colonies, thirteen different forms of government. When confederation didn’t work, the national government came in to being, declaring its authority over the states -- and no provision was made for any religion.

The national government left the question of religion to the states, which did little about the question, though every town was mandated to have a religion (harking back to the morality issue). But by 1833 every state had abandoned established religion.

Hesse reported that amendments to the Constitution which were put in place about the time of the Civil War dealt with issues such as life, liberty and due process of law. It wasn’t until 1947 that the Supreme Court ruled that no state will make any law relative to religion. That’s when the “wall of separation” between church and state came on the scene. This ushered in the questioning of Bible reading in public schools, government-led prayers, religious symbols on public property, and the like.

This “wall of separation” was foreseen by Jefferson, who said that religious influence distorts government; Roger Williams, who said that government distorts religion; and James Madison who thought that requiring government to be neutral accommodates best.

Hesse admits that the premise that Congress shall make no law respecting the establishment of religion introduces complex problems but feels that we have the judicial tools to solve the problems, while conceding that the Constitution and the government “are not models of efficiency.” He presided at a lively question-and answer period following his lecture. The program was underwritten by the New Hampshire Humanities Council. On May 14 the MHS will hear Stephen Taylor on the topic “New Hampshire’s One-Room Rural Schools: the romance and the Reality,” another NHHC program.

The society finds itself in need of two board members. Volunteers are invited to call Chuck Goss at 742-7745.

TOWN HALL

When they met on April 15, the selectmen re-appointed Susan Cilia and Barry Kaplan to the Recreation Committee and appointed Joan Sundberg to that committee. They re-appointed Alison Cloutier and Indulis Gleske to the Conservation Commission and Lorraine Morong an alternate to the Zoning Board of Adjustment. All terms are three years.

Three pistol permits were signed, following recommendation of the Police Chief, and two elderly tax exemptions.